GENERAL TERMS AND CONDITIONS
By entering the Lion Cub’s Cookies Contest (this “Contest”), each participant (“Participant”), hereby agrees to be bound to all the following terms and conditions, as well as the waivers and releases therein (the “Terms”).
1. Sponsor. This Contest is sponsored by Kaplan Brothers LLC, an Ohio limited liability company d/b/a Lion Cub’s Cookies (the “Sponsor”) at 1261 Grandview Avenue, Columbus, Ohio 43212 (the “Sponsor’s Address”).
2. No Affiliation with Instagram. This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram. Participant hereby agrees to indemnify and hold harmless Sponsor and Instagram, and their affiliates from and against any and all claims, actions or proceedings of any kind, as well as any and all losses, damages, costs and expenses relating to or arising out of this Contest.
3. Laws. All federal, state, local and municipal laws and regulations apply. All terms and conditions of Instagram apply. In consideration of the Terms set forth herein, the sufficiency of which is hereby acknowledged, Participant, on behalf of themselves and their affiliates, agree to completely and irrevocably waive, discharge and release Instagram and its agents, officers, directors, employees, attorneys and parent companies, and their successors, third‑party administrators, partners, subsidiaries, affiliates and assigns, from and against any and all claims and causes of actions arising out of this Contest and the Terms herein that could be brought against Instagram.
4. Eligibility. To qualify as a valid Participant, an individual must, at the time they enter this Contest, be (i) a legal resident of the 50 United States or the District of Columbia, and (ii) at least 18 years of age. Void where prohibited. You must be able to validate that a cookie purchase was made during the Contest Period (defined below).
5. Contest Period. This Contest begins on [December 26, 2023] at [10:00 a.m EST] and ends on [December 31, 2023] at [11:59 p.m EST] (the “Contest Period”).
6. How to Enter. Participant must have an active, public Instagram account (“Account”). As a requirement for participation, Participant must, during the Contest Period, purchase a Participant’s cookie, upload to their Account a photo or video showcasing Sponsor’s cookies that (i) expresses Participant’s positive sentiments towards the Sponsor’s products, and (ii) includes the hashtag [#newyearnewcookieLCC] in the post’s caption (the “Entry”).
7. Restrictions to Entries. Sponsor may not correspond with Participant regarding the status of the Entry. Participant may only submit one (1) Entry on one (1) Account. Participant may not use multiple e-mails, accounts or any other methods to bypass the foregoing restrictions.
8. Selecting the Winner. Sponsor will select one winning Entry in its sole and absolute discretion. The Participant submitting the winning Entry (the “Winner”) will be announced via post on Sponsor’s public Instagram Account. Sponsor will also contact the Winner via direct message via Instagram.
9. Prize. The Winner will be able to participate in a private meeting with Bradley Kaplan, the owner of Sponsor (the “Owner”), at a time and location agreed upon by Sponsor, where Winner will collaborate with the Owner and Sponsor to develop a feature recipe for a new cookie that Sponsor plans to sell for an undetermined period (the “Prize”). The Prize is subject to the following limitations: (i) Sponsor possesses any and all ownership of, and control of the recipe and its commercialization; (ii) Winner has no authority or control over final selection any ingredients for the recipe; and (iii) Sponsor may, at any time and for any reason, pursuant to its sole discretion, discontinue the development, existence or sale of the recipe. The Winner is responsible for any travel and accommodations necessary in claiming the Prize.
10. Sufficient Number of Entries: The Prize will be awarded provided that a sufficient number of Entries that meet the foregoing qualifications are submitted. Sponsor reserves the right to determine and change what constitutes a sufficient number of said Entries.
11. Acceptance by the Winner. To accept the Prize, the Winner must reply to Sponsor’s Instagram direct message with the Winner’s name, email address and phone number. Sponsor reserves the right to disqualify the Winner if Sponsor’s Instagram does not receive the foregoing reply from the Winner within 48 hours of Sponsor’s initial direct message to the Winner via Instagram. If the Winner cannot or will not accept the Prize, or cannot validate their purchase of a cookie during the Contest Period, the Prize will be forfeited and Sponsor will select another Participant as the Winner.
12. Intellectual Property. The Prize is intellectual property owned by Sponsor, and it may not be reproduced, distributed or used in any capacity by any Participant, Account, entity, person or other, without the express written consent of Sponsor. Winner, or any other Participant, is not entitled to and will not receive any payments or royalties (as applicable) for their Entry, the Prize or their participation in crafting the Prize.
13. Privacy Policy. Participant understands that this Contest is not, and Sponsor is not affiliated with Instagram in any way. No questions, comments or complaints relating to this Contest should be directed to Instagram. Any questions, comments or complaints relating to this Contest should instead be directed to hello@lioncubscookies.com. All Entry information may be used by Sponsor in accordance with Sponsor’s privacy policy available at https://lioncubscookies.com/privacy-policy.
14. Indemnification. Participant hereby agrees to indemnify and hold harmless Sponsor and its affiliates from and against any and all claims, actions or proceedings of any kind, as well as any and all losses, damages, costs and expenses relating to or arising out of (i) this Contest, (ii) participation in this Contest, (iii) the acceptance, possession, quality, use or misuse of the Prize or (iv) any breach of the Terms.
15. Publicity Waiver. Participant hereby irrevocably permits, authorizes, grants and assigns to Sponsor and its respective agents, representatives, parent companies, affiliates, subsidiaries, successors, assigns and legal advisers, and each of their respective licensees, advertising agencies, promotion agencies, legal advisers and fulfillment agencies, and the employees, officers, directors and agents of each and all of them all rights in Participant’s name, voice, signature, photograph, image, likeness, distinctive appearance, gestures, mannerisms and other personal characteristics and private information, including, without limitation, all rights of publicity, copyrights and moral rights to record, film, photograph, record by video (including all outtakes and behind-the-scenes footage), display, transmit, broadcast, digitize, copy, reproduce, adapt, modify, alter, edit, copyright, publish, exhibit, distribute, dispose of, perform, sell, license, rent, create derivative works and otherwise use, and permit others to use (including to refuse to use, transmit, or display for any reason or no reason), in whole or in part, in any language or version, by any and all means and media (including, without limitation, audio, photo, print, magazines, brochures, newsletters, television broadcast, cablecast, satellite, home video and video on demand, display, point-of-sale and other advertising and promotional materials, press releases, electronic media, Internet and social media platforms, including and not limited to Facebook, Instagram, Twitter, TikTok, Snapchat, etc.) now known or hereafter devised throughout the world in perpetuity. For the avoidance of doubt, the foregoing includes and is not limited to all photographs, audio recordings, video recordings, digital images or other likenesses or images of Participant taken by or on behalf of or otherwise provided to Sponsor at any time, and any materials at any time provided to Sponsor by Participant, together with all materials at any time and from time to time created by or on behalf of Sponsor that incorporate any of the foregoing (collectively, “Materials”), together with any results or proceeds of any Materials, for any purpose Sponsor, in its sole and absolute discretion, deems proper, including, without limitation, advertising, marketing, programming, public relations, publicity, packaging, social media and promotion of Sponsor and its affiliates and their businesses, products and services without any further consent from, or royalty, payment or other compensation to Participant.
16. Photography Release. Participant authorizes Sponsor, its licensees and assigns and those acting with their permission to make, reproduce, publish and otherwise use the photographs, videos and/or sound recordings of the Participant, Entry and/or Prize for the purposes of illustration, advertising and publicity, in any manner or in any form, including broadcast, print, electronic and social media conducted by or on behalf of Sponsor. Participant waives any right they may have to inspect or approve the uses. Participant agrees to indemnify, defend and hold harmless Sponsor, its licensees, assigns, employees and agent from claims arising from or relating to the use of the videotape, photograph or sound recordings of the Participant, Entry and/or Prize, and hereby waives, releases and discharges any claim Participant may have against Sponsor and its licensees and assigns arising from the use of the videotape, photographs or sound recordings of the Participant, Entry, and/or Prize.
17. Miscellaneous: By participating in this Contest, Participant agrees that Sponsor and its affiliates, and each of their respective directors, officers, employees, agents, heirs, successors and assigns (i) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in this Contest, or from Winner’s acceptance, receipt, possession and/or use or misuse of the Prize, and (ii) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the Prize. Sponsor assumes no responsibility for any damage to any Participant, or any other person’s, computer system, mobile device, tablet or other device which is occasioned by participating in this Contest, or for any computer system, phone line, hardware, network, software or program malfunctions, interrupted or unavailable network, server or other connections, inability to access Sponsor, submit Entries, or other disruption related to Internet traffic, virus, bug, or nonauthorized intervention, or other errors, failures, delayed computer or satellite transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen or postage-due mail; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites or other connections; or for miscommunications, failed, jumbled, scrambled, delayed or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the Entry process or the operation of this Contest, to be acting in violation of the Terms, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of this Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. The use of automated or third-party software or website to enter is prohibited, and any Entries made through such methods will be disqualified. Sponsor reserves the right to void all Entries made through any robotic, automatic, mechanical, programmed or similar Entry duplication method and to disqualify any individual using such a method. Sponsor reserves the right to modify, extend, suspend or terminate this Contest by posting a notice to www.lioncubscookies.com and/or Lion Cub’s Cookies social media account(s), if it determines, in its sole discretion, that this Contest is technically impaired or corrupted or that fraud or technical problems, failures, malfunctions, or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of this Contest as contemplated herein or that this Contest is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, technical failures or any other causes which Sponsor deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest. In the event an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding Prizes or continuing with this Contest as contemplated herein by any event beyond its control, including but not limited to the reasons set forth above, fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, order of any court or jurisdiction or other cause not reasonably within Sponsor’s control, then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate this Contest. If this Contest is terminated before the end of the Contest Period, Sponsor will (if possible) select the Winner from all eligible, non‑suspect Entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each Participant’s sole and exclusive remedy under such circumstances. Any and all disputes, claims and causes of action arising out of or connected with this Contest, or any Prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration. Sponsor’s failure to enforce any provisions of the Terms shall not constitute a waiver of that provision.
